President Joe Biden's administration is taking a stand to protect access to the abortion pill, mifepristone, as it appeals a lower court's decision that would limit how the drug can be obtained. The appeal, filed with the US Supreme Court, challenges a ruling by the 5th US Circuit Court of Appeals that could prevent telemedicine prescriptions and mail shipments of mifepristone. The drug's manufacturer, Danco Laboratories, is also joining the appeal.
The 5th Circuit's ruling, which is currently on hold pending the Supreme Court's decision, could have significant consequences. It might impact the authority of the US Food and Drug Administration (FDA), the federal agency responsible for approving the safety of food, drugs, and medical devices. Mifepristone received FDA approval in 2000. The Justice Department argues that allowing the 5th Circuit's restrictions to take effect would harm women seeking lawful abortions and disrupt the healthcare system's current use of the drug.
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The case stems from a challenge by anti-abortion groups and doctors who sued the FDA, claiming that mifepristone was improperly approved and lacked necessary safety measures. The 5th Circuit's decision, while not as extreme as a prior ruling in Texas, rolled back recent FDA actions that had made the drug more accessible, including allowing remote prescriptions and mail delivery. If the Supreme Court decides to hear the case, arguments could begin in October, with a potential ruling by June 2024.
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